Ordinance on the secondary activities of federal civil servants, professional soldiers and soldiers on a temporary basis (Bundesnebentätigkeitsverordnung-BNV)Non-official table of contents
Date of expulment: 22.04.1964
" Bundesnebentätigkeitsverordnung in the version of the Notice of 12. November 1987 (BGBl. 2377), as last amended by Article 15 (21) of the Law of 5. February 2009 (BGBl. I p. 160) has been changed "
|:||Recaught by Bek. v. 12.11.1987 I 2377;|
|Last modified by Art. 15 para. 21 G v. 5.2.2009 I 160|
(+ + + Text Proof: 1.7.1978 + + +)
for more information on the standstill.
First SectionNon-official table of contents
Exercising of Secondary Activities
§ 1 (omitted)
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§ 2 Civil service secondary activity
(1) Public service activities are each for the Federal Government, a country or other entities, institutions or foundations of public law in the Federal Republic of Germany (including the Land of Berlin) or for associations of such secondary activities, with the exception of a secondary activity for: public-law religious societies or their associations.(2) A secondary activity in the public service shall be equal to a secondary activity for
Unofficial table of contents
- Associations, Entities or undertakings whose capital (basic or stock capital) is directly or indirectly wholly or predominantly public or which is continuously, wholly or predominantly, from public funds ,
- intergovernmental or national institutions in which a legal person or an association within the meaning of paragraph 1, half-sentence 1 is paid by payment of
- natural or legal persons who are responsible for the protection of the interests of a legal person or of a legal person or of a person who is responsible for the protection of the rights of a person or a person. Association within the meaning of paragraph 1, half sentence 1.
§ 3 Admissibility of secondary activities in the Federal Service
Tasks which are carried out for the federal government or federal bodies, institutions or foundations of public law are to be categorised in principle in a main office. They should not be admitted as a secondary activity if they are related to the main office. Non-official table of contents
§ 4 Remuneration
(1) Compensation for a secondary activity is any consideration in money or money-value benefits, even if is not legally entitled to it.(2) The remuneration referred to in paragraph 1 shall not apply to
- the replacement of travel expenses as well as daily subsists to the amount of the travel allowance for officials at the highest travel cost level for the full calendar day, or, where the application of those rules would grant a grant, up to the total amount; the same applies to overnight stays,
- the replacement of other cash outlays if no lump-sum is made.
(3) Flat-rate Allowances shall be deemed to be paid in full, days and overnight allowances to the extent that they exceed the amounts referred to in paragraph 2 (1), as remuneration. Unofficial table of contents
§ 5 General Grant, Revocation of Approval
(1) The one to take over one or more secondary activities against In general, remuneration is deemed to have been granted, if the total number of additional activities is small, is exercised outside the service period and there is no legal reason for failure to act. The amount of one or more secondary occupations must be considered to be low if the total remuneration does not exceed EUR 100 per month and the period of one or more side-by-work activities during the week is one fifth of the total. Regular weekly working hours do not exceed In such cases, the secondary employment shall be notified to the service staff, unless it is a one-off, occasional incidental employment.(2) A secondary employment which is deemed to have been approved shall be subject to a ban on the performance of its duties of service.(3) Where an authorisation is withdrawn, or a secondary employment which is deemed to be authorised is prohibited, or a secondary activity which is not subject to authorisation is prohibited, the official shall be given a reasonable period of time for the settlement of the secondary activity, to the extent that: the interests of the service. Non-official table of contents
§ 6 Remuneration for ancillary activities and delivery obligation
(1) For a secondary activity in the Federal Service (§ 3), In principle, remuneration is not granted. Exceptions can be allowed for
- Gutachter activities and font activities,
- activities whose free exercise can not be attributed to the official.
If the official is relieved of the burden of the ancemeality, a remuneration may not be granted.(2) Where remuneration is granted in accordance with the second sentence of paragraph 1, they shall not exceed, in the calendar year as a whole,
for officials in the grade Euro (gross amount)
| A 1 to A 8||3,700|
|A 9 to A 12||4,300|
| A 13 to A 16, B 1, C 1, C 2 to C 3, R 1, and R 2 ||4,900|
|B 2 to B 5, C 4, R 3 to R 5|| 5.500|
|from B 6, starting from R 6||6.100.|
Within the maximum amount, the remuneration is based on the To promote the scope and importance of secondary activity. With the exception of days and overnight stays, you may not be allowed to stay on a flat-rate basis.(3) An official shall receive remuneration for one or more secondary activities in the Federal Service or for any other ancillary activities which he or she shall have in the public or in the service or at the request, proposal or instigation of his or her own service. He shall, in so far as he exercises the gross amounts referred to in the first sentence of paragraph 2 for the activities carried out in a calendar year, deliver them to his Dienser in the main office in the main office. Prior to the determination of the amount to be delivered, the expenses incurred in connection with the secondary activity are to be deducted from the remuneration for
- Driving costs and accommodation and catering up to the amount of the amounts mentioned in § 4 para. 2 No. 1,
- the use of facilities, staff, or material of the Dienstherrn (including Benefit Balance),
- other help and self-procured materials.
The condition is that the official did not receive a swap-out rate for this expenditure.(4) Remuneration within the meaning of paragraph 3 shall be extradited as soon as it exceeds the amount to be left to the official.5. The obligations referred to in paragraphs 3 and 4 shall also apply to retired officials and previous officials in so far as the remuneration is granted for secondary activities carried out before the termination of the civil service. Non-official table of contents
§ 7 Exceptions to § 6
§ 6 is not applicable to remuneration for
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- teaching, teaching, lecture, or audit activities,
- Activities as a judicial or state attorney expert,
- Activities on the Area of scientific research,
- The expert opinions of physicians, dentists or veterinarians for insurance institutions or other legal persons of the public law, as well as medical, dental or veterinary use of these persons, for which fees are to be paid according to the fees regulations
- Activities that are performed during a leave-of-the-box holiday.
§ 8 Billing of the remuneration from secondary activities
The officials have paid their service supervisors a statement of their service after each calendar year. , if the remuneration exceeds 500 euros (gross) in the calendar year, they shall submit them for payment in accordance with § 6. In the cases of Section 6 (5), retirement officers and former officials are also required to do so.
Second section Non-official table of contents
Use of facilities, personnel or material of the Dienstherrn.
§ 9 Approval requirement
(1) The official requires the prior written approval of his or her top service authority, or the authority it is responsible for, if it wishes to take advantage of facilities, personnel or material of its diendivity in the course of the exercise of a secondary activity.(2) Facilities are the Saxon funds, in particular the service rooms and their equipment, including apparatus and instruments, with the exception of libraries. Material is the consumable stuff and the energy.(3) On the occasion of the participation in the secondary activity, additional work, on-call duty or call-readiness shall not be arranged, approved and remunerated. Agreements on private participation outside the service period shall remain unaffected.(4) The authorisation may only be granted if there is a public or scientific interest in the exercise of the secondary activity. The authorisation is revocable; it may be temporary. The approval certificate shall indicate the extent of the approved use. The authorisation may only be granted under the condition that a fee is paid for the use of facilities, personnel or material; § 10 para. 1 sentence 2 shall remain unaffected. Non-official table of contents
§ 10 Principles of payment of pay
(1) For the use of facilities, personnel, or materials of the The official has to pay the official an appropriate fee. The payment of a fee can be waived
- in the case of a free Secondary activity,
- if the secondary activity is exercised at the request, suggestion, or instigation of the service superiors or
- if the amount does not exceed 100 euros in the calendar year.
(2) The amount of the pay is based on the principles of cost recovery and benefit-sharing.(3) If several officials are entitled to take part in a joint action, staff or material of the Dienstherrn, they shall be obligated as total debtors to pay the remuneration. Non-official table of contents
§ 11 General remuneration
(1) The fee outside the area regulated in § 12 is paused after a The percentage of the (gross) remuneration related to the secondary activity is calculated. It is usually
|5 v.H.||for use by facilities,|
| 10 v.H.||for the use of personnel,|
|5%||for the consumption of Material,|
|10%||for the economic benefits of the use of facilities, personnel or materials An advantage.|
2) The top service authority may, in agreement with the Federal Minister of Finance, by way of derogation from paragraph 1, charge orders and other general cost rates, insofar as they cover the costs incurred and advantages , the same shall apply to the supervisory authority of the social security institutions, in so far as the competent minister of the competent authority has conferred on it that power.(3) If the secondary activity is carried out free of charge without any payment being waived in accordance with Article 10 (1), second sentence, no. 1, the amount of the remuneration shall be determined on the basis of the value of the use of personnel, facilities or material; the remuneration for there is no economic advantage.(4) Where it is established that the remuneration calculated in accordance with the percentages of paragraph 1 is obviously more than 25% lower than or higher than the value of the claim, it shall, on its own account or at the request of the official, be: the value
- the proportional cost of the procurement, maintenance and management of the Facilities,
- the proportionate cost of the personnel being used, including labor costs and overhead costs,
- the procurement and proportionate administrative cost of the material,
- of the by providing (b) to set up an institution, staff or material, an adult economic advantage (benefit compensation).
The official must provide proof within a period of three months after the payment has been fixed. The decision shall be taken by the supreme service authority. Non-official table of contents
§ 12 remuneration for medical and dental secondary activities
(1) The fee (reimbursement of costs and benefit sharing) for medical and dental secondary activities in hospitals and in the medical facilities of the Bundeswehr shall be paused, unless otherwise specified or approved in paragraphs 2 and 3. For secondary medical and dental activities in other areas of activity, the amount of the remuneration is based on the general provisions of § 11.(2) The amount of the reimbursement shall be determined in accordance with the provisions to be adopted by the competent Minister of Trade, which must comply with the principles of cost recovery; the regulatory authority of the supervisory authority may apply to the social security institutions. shall be transferred. In so far as doctors or dentists are already reimbursing costs for the activities referred to in the first sentence of paragraph 1 according to the legislation of the Federal Republic of Germany, a reimbursement of expenses shall not be required in accordance with the first sentence.(3) The benefit balance shall be 20 per cent of the income received from the secondary activity in the calendar year up to EUR 100,000, which shall remain for the official after deduction of the costs to be reimburzed in accordance with paragraph 2, and 30 of the hundred of the costs to be reimbured by the official more than one additional amount. In the case of an honorary waiver, a benefit balance is not payable. Non-official table of contents
§ 13 Setting of the fee
(1) The fee to be paid shall be determined by the person responsible for the approval pursuant to section 9 (1) or the body responsible for the calculation thereof after the end of use, or at least half a year. If the amount of the pay is to be overlooked at the time of approval, the fee shall be fixed at the same time as the permit. The fee shall be payable one month after the fixing, in the case of the rate 2 one month after the end of the use, but at least six months after the end of the use.(2) The official shall be obligated to notify the end of the use of the competent authority in accordance with section 9 (1) without delay in writing. He shall keep the records necessary for the calculation of the remuneration and shall submit, with the evidence necessary for the purpose of the credibility, immediately after termination, at least half a year in the case of continuous use. These documents shall be kept for a period of five years from the date on which the fee is set.
Third Section Non-official table of contents
Scope, Berlinkclause, Entry into force
§ 14 Validatable for professional soldiers and soldiers on time
This regulation applies to professional soldiers and soldiers on time accordingly. unofficial table of contents
§ 15 (omitted)
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(Entry into force)